Active & Passive Negligence
Active Negligence
A simple example of active negligence is a motorist who fails to stop at a red light or stop sign. Whether distracted by music, conversation, texting or cell phone, a reasonable driver must always operate his or her vehicle in a prudent fashion. The driver must obey traffic signals, maintain a proper lookout and yield to other motorists under the proper circumstances. If he or she does not, then they are negligent.
Passive Negligence
An example of passive negligence is a property owner that has notice of a danger on his premises and does nothing to fix it or warn against it. Property owners have a duty to maintain their homes, buildings, stores and parking lots in reasonably good condition and to make regular inspections to eliminate dangers. The owner may be liable for failing to correct a problem of which he or she has notice and sufficient opportunity to fix.